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Motions for Relief - Judge Bufford
The servicer of the loan
In a message dated 1/8/2008 5:31:10 P.M. Pacific Standard Time,
pat@fitzgreenlaw.com writes:
Is MERS the moving party in these things? If not who is purporting to have
the authority to file the motion?
Patrick T. Green
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.pat
Of
Jon Hayes
Sent: Tuesday, January 08, 2008 3:08 PM
To: cdcbaa@yahoogroups.
Subject: [cdcbaa] Motions for Relief - Judge Bufford
Keith Higginbotham today made a comment at the LACBA Bankruptcy
Committee meeting that Judge Bufford announced today that he will
require moving parties on Motions for Relief from now on to bring to
court the actual signed Promissory Note before he will grant relief.
Keith also said that the chapter 13 judges are going to require a
response by counsel for the debtor to all Motions for Relief even if
it is a no-opposition.
Keith do I have that right?
Here are the tentatives on Judge Bufford's calendar for today re MFR.
Hearing required unexplained costs of $4,169.50; no assignment of
note to movant
Hearing required signature page is unchanged, but declaration purports to be new. In addition, signature page is incomplete it purports to be page 18 of a 34-page document, the rest of which is
missing
Deny no debt owing to movant, so is not real party in interest; no
evidence that declarant is competent to present any relevant
evidence; no explanation for how declarant has competent evidence of
movant's books and records
Hearing required signature page is page 38 - remaining pages
missing; still no assignment to movant; no explanation for how
declarant has competent evidence of movant's books and records
Continue no evidence that declarant is competent to testify as to
Countrywide records; unidentified movants; testimony of Jae Min
required
Deny still no assignment of note to movant
Hearing required on whether loan has been securitized
Hearing required on whether loan has been securitized
Deny still no assignment of note to movant
Continue no evidence of position of declarant; exhibits not
paginated
Hearing required on whether loan has been securitized; unidentified
movants
Hearing required on whether loan has been securitized; position of
declarant unspecified; no evidence as to how declarant has competent
knowledge of movants records; signature page is page 7 - other pages
missing
Deny no assignment of note to movant
Deny no assignment of note to movant; undisclosed movants
Deny pages upside down and unnumbered
Continue no evidence of how declarant has competent evidence ofmovant's records
The Law Offices of Keith Alan Higginbotham
255 South Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
213.620.0176
213.613.1200 Facsimile
HigginbothamLaw@aol.com
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